Plain packaging at the heart of discussions on the anti-smoking bill in South Africa

The South African Parliament is currently examining the Control of Tobacco Products and Electronic Delivery Systems Bill., following widely attended public consultations ^[1]. This bill aims to strengthen the fight against smoking and to more strictly regulate certain products that have been previously poorly regulated or not regulated at all, particularly e-cigarettes. While some of the proposed measures, such as the ban on smoking in all enclosed public places and in certain outdoor areas, as well as stricter restrictions on sales to minors, are not generating much debate, others, like the total ban on advertising and promotion or the introduction of plain packaging, are the target of constant disinformation campaigns by industry to influence policymakers and public opinion. The final version of the bill is expected to be presented to the upper house of Parliament in the coming months.

Arguments inspired by the tobacco lobby to prevent the introduction of plain packaging

In this new bill, certain measures such as the elimination of smoking areas and the introduction of a total smoking ban in all enclosed public spaces, the restriction of smoking in certain outdoor areas, and the strengthening of the ban on sales to minors have garnered broader support than other provisions, in a country where smoking prevalence is on the rise, with 39.3 per 100,000 adult male smokers projected for 2024 (compared to 35.1 per 100,000 in 2022) but only 8.5 per 100,000 adult female smokers in 2024 (compared to 6.5 per 100,000 in 2022), for a total of 10.9 million smokers in a total population of approximately 65 million.[2].

These measures are considered extensions of existing standards, aimed at protecting non-smokers and reducing the social acceptability of smoking in public places, in line with long-standing public health objectives and a global trend towards limiting exposure to secondhand smoke.[3].

However, one of the most debated proposals concerns requiring tobacco manufacturers to use standardized, plain packaging, devoid of colors, logos, or distinctive elements that reference the brand's advertising, and featuring only graphic and textual health warnings. The aim of this approach is to reduce the appeal of tobacco products, particularly among young people and new smokers.

According to the law firm Adams & Adams, the effectiveness of plain packaging for cigarettes remains a subject of debate. While plain packaging is widely associated with a reduction in tobacco consumption, according to health experts and the WHO, particularly among young people, Adams & Adams emphasizes that its implementation raises legal questions, especially regarding intellectual property. Brand elements, such as logos and distinctive designs, constitute protected forms of intellectual property, and their removal by legislation may constitute a violation of these rights. This argument, however, has been consistently rejected by all international (WTO) and national jurisdictions where plain packaging has been introduced. The plain packaging measure does not, in fact, infringe on trademark rights per se, but rather restricts their use for public health purposes. Thus, for example, all legal actions brought against Australia, the first country to introduce the measure in December 2012, followed by France in January 2017, have failed.

The other argument systematically raised by the tobacco industry against the measure is that of a potential increase in illicit trade. This argument has been adopted verbatim by the South African tax and customs authorities.

While not rejecting the measure outright, the South African Revenue Service (SARS) and the South African Police Service (SAPS) also drew attention to its potential consequences for enforcement and monitoring during parliamentary consultations. According to SARS, in a context where the illicit market is estimated to represent up to 75% of the total tobacco market (a figure often criticized by NGOs as being significantly overestimated), standardized packaging could facilitate the circulation of illegal products, which would become more difficult to distinguish from legal ones.

According to the tobacco company British American Tobacco (BAT), plain packaging would foster the sustained expansion of the illicit market, citing internally collected and non-independent data to link ambitious public health measures with the takeover of the tobacco market by criminal networks. However, the facts have shown that plain packaging does not lead to an increase in illicit trade and that the key to effectively combating parallel markets lies primarily in controlling the supply chain and establishing an independent tracking and tracing system. This independent research was presented at a CNCT symposium. have demonstrated that, on the contrary, industry has an objective interest in the development of parallel markets, from which it profits.

Plain packaging, which is increasingly being implemented worldwide, is recognized for its effectiveness.

The introduction of plain packaging goes hand in hand with the use of large combined warnings: text and visual. Currently, warnings in the southern African country are textual and cover only 21 µm of the average total surface area of the pack (compared to 92.5 µm for the most developed countries). According to international literature, enlarging these warnings, also using graphic elements and plain packaging, is considered good practice and helps reduce the attractiveness of the products. The guidelines for implementing Article 11 of the WHO Framework Convention on Tobacco Control (FCTC), which deals with the labeling and packaging of tobacco products, detail these measures and recommend that warnings cover at least 50 µm on average of the front and back of the pack.

The provisions of the WHO treaty bring together a set of measures that are expected to expand over time. These measures have all, individually, proven effective, but their combined implementation, as structured by the treaty, significantly amplifies this effectiveness. Plain packaging is part of this approach. The measure is still relatively recent, but it is gradually gaining ground. According to the Canadian Cancer Society, as of February 2024, 42 countries and territories had taken steps in this direction, 25 of which had already implemented comprehensive regulations.

At least 14 countries, including Chile, Ivory Coast, Laos, Qatar, Russia and Togo, are currently reviewing this legislation, indicating that this trend is likely to continue.

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[1]Big change coming for smoking in South Africa, BusinessTech, published January 11, 2026, accessed January 13, 2026

[2]Tobacco smoking in South Africa, Global State of Tobacco Harm Reduction, updated December 11, 2025, accessed January 13, 2026

[3]Stacey and J Sbu, Smoking laws in SA: Standardized packaging could be the new norm, East Coast Radio, updated January 12, 2026, accessed January 13, 2026

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